ON

09.02.2023

THIS

DAY,

THE

COURT

PRONOUNCED THE FOLLOWING:

JUDGMENT

This appeal is filed by the appellant/accused

under Section 374(2) of Code of Criminal Procedure,

1973 (hereinafter referred to as ‘Cr.P.C.’, for short)

challenging the judgment of conviction and order of

sentence passed by the learned V Addl. Sessions

Judge, Belagavi in S.C.No.334/2010 dated 29.09.2014

whereby the learned Sessions Judge has convicted the

accused/appellants herein for the offence punishable

under Section 498-A and 306 of Indian Penal Code,

1860 (hereinafter referred to as ‘IPC’, for short) by

imposing simple imprisonment for 1 year with fine of

Rs.5,000/- each for the offence punishable under

Section 498-A of IPC and simple imprisonment for 7

years with fine of Rs.10,000/- each with default

sentence.

3

For the sake of convenience, the parties

are referred to with the original rankings occupied by

them before the Trial Court.

3.

The brief factual matrix leading to the case

are that the accused No.1 is the husband of deceased

Rukmini and accused No.2 is her mother-in-law. It is

alleged that the marriage of deceased Rukmini with

accused No.1 was solemnized about two years prior to

her death. It is the case of the prosecution that both

the accused in furtherance of their common intention,

all along subjected the deceased to physical and

mental cruelty at Savatagi village, Bailhongal Taluk

under the pretext that the deceased was not cooking

properly, she do not know household work and as a

result, she suffered mental agony. It is also asserted

that the elders of the village have adviced the accused

in this regard but they did not improve their conduct.

Hence, it is alleged that on 12.03.2010 being unable

4

to tolerate the torture, the deceased consumed poison

and committed suicide. It is alleged that accused

have subjected the victim to ill-treatment and also

abetted her in committing suicide. The complainant

got information regarding victim being admitted in the

hospital and he rushed to the spot and found his

daughter dead. Then he went to police station along

with

his

another

brother-in-law

and

lodged

a

complaint. On the basis of the complaint, a crime

came to be registered and Investigating Officer visited

the scene of offence and drawn mahazar. He has also

drawn inquest mahazar and recording the statements

of witnesses. He found that there is sufficient

materials as against the accused and submitted the

charge sheet against the accused for the offences

punishable under Sections 498-A and 306 of IPC.

4.

After submission of charge sheet, as there

are grounds to proceed against the accused, the

5

cognizance was taken against the accused by the

learned Magistrate. The accused were arrested on

14.03.2010 and were released on bail on 31.03.2010.

Learned Magistrate provided the prosecution papers to

the

counsel

appearing

for

accused

and

then

committed the matter to the Sessions Court. Then

the matter was placed before the learned V Addl.

Sessions Judge, Belagavi and he secured the presence

of the accused and charge was framed which was

denied by the accused.

5.

To

prove

the

guilt

of

the

accused,

prosecution has examined in all 13 witnesses and has

also got marked 18 documents and 4 material objects.

After conclusion of the evidence of the prosecution,

the statement of accused under Section 313 of Cr.P.C.

was

recorded

to

enable

them

to

explain

the

incriminating evidence appearing against them in the

case of the prosecution. The case of the accused is of

6

total denial and they did not choose to lead any oral

or documentary evidence in support of their defence.

6.

After hearing the arguments and after

perusing the oral as well as documentary evidence,

the learned Sessions Judge has convicted the accused

for the offences punishable under Sections 498-A and

306 of IPC by imposing simple imprisonment for 1

year with fine of Rs.5,000/- for the offence punishable

under Section 498-A of IPC and simple imprisonment

for 7 years with fine of Rs.10,